SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 216 the following section:-

Section 217. (a) There shall be a commission on autism located within, but not subject to the control of, the executive office of health and human services. The commission shall consist of 34 members and shall be comprised of: the secretary of health and human services, or a designee, who shall serve as chair; 1 member of the house of representatives appointed by the speaker; 1 member of the house of representative appointed by the minority leader of the house; 1 member of the senate appointed by the senate president; 1 member of the senate appointed by the minority leader of the senate; the commissioner of developmental services, or a designee; the commissioner of mental health, or a designee; the secretary of education, or a designee; the director of housing and community development, or a designee; the secretary of labor and workforce development, or a designee; the commissioner of the massachusetts rehabilitation commission, or a designee; the commissioner of early education and care, or a designee; the commissioner of elementary and secondary education, or a designee; the commissioner of higher education, or a designee; the secretary of elder affairs, or a designee; the commissioner of children and families, or a designee; the commissioner of public health, or a designee; the director of the office of masshealth, or a designee; 1 person appointed by the secretary of education from the community college system; the director of the division of autism, or a designee; and 14 persons to be appointed by the governor, 7 of whom shall be representatives of statewide, regional or national autism groups including members of Advocates for Autism of Massachusetts, the Autism Insurance Resource Center, Massachusetts Advocates for Children, the Arc of Massachusetts, Autism Speaks, the Lurie Center and the Asperger Association of New England. Members of the commission shall be persons with demonstrated interest, experience and expertise in autism and related services and shall serve for a term of 2 years, without compensation.

(b) The commission shall appoint an executive director for the purpose of promoting the goals of the commission and improving commission functions through the coordination and standardization of programs, operations and procedures. The executive director shall have a working knowledge of the autism service delivery system and agencies providing these services, legislative advocacy experience and a personal connection to autism. The executive director may expend such funds as are appropriated therefor, together with additional funds from federal grants and other contributions that may be made available for these purposes, and may appoint other personnel as is deemed necessary for the efficient management of the office and shall devote full time to the duties of the office. Duties of the executive director shall include, but not be limited to: (i) legislative and budgetary advocacy of the 13 recommendations of the March 2013 Massachusetts Autism Commission Report with periodic benchmarks and cost estimates to a coordinated, system-wide response supporting people of all ages on the autism spectrum; (ii) coordination of commission meetings; (iii) coordination with relevant state agencies; and (iv) completion of the annual report.

(c) The commission shall make recommendations and monitor the implementation of policies impacting individuals with autistic spectrum disorders, which shall include, but not be limited to, Asperger's syndrome, high functioning autism and pervasive development disorder. The commission shall investigate the range of services and supports necessary for such individuals to achieve their full potential across their lifespan, including, but not limited to, investigating issues related to public education, job attainment and employment, including supported employment, provision of adult human services, post-secondary education, independent living, community participation, housing, social and recreational opportunities, behavioral services based on best practices to ensure emotional well-being, mental health services and issues related to access for families of children with autism spectrum disorder and adults who are from linguistically and culturally diverse communities. The commission shall meet at least quarterly, but may meet more often as the executive director recommends. The commission shall file an annual report, on or before March 1, with the governor, the joint committee on children, families and people with disabilities and the joint committee on health care financing outlining unmet needs and trends in autism services, supports and treatments for the autism population, including any recommendations for regulatory and legislative action necessary to provide or improve such services or supports. The commission shall monitor the implementation of its recommendations and update recommendations to reflect current research and service needs as necessary.

SECTION 2. Chapter 15C of the General Laws is hereby amended by inserting after section 28 the following section:-

Section 29. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Achieving a Better Life Experience account” or “ABLE account”, a savings and qualified disabilities expense account established and maintained by the authority, or a designated administrator, pursuant to this chapter and its implementing regulations for the purposes of qualified disability expenses.

“Designated administrator”, any corporation whose powers and privileges are provided for in any general or special law, whether for profit or not, designated by the authority for the purpose of administering ABLE accounts.

“Disability verification”, with respect to an individual a verification, to the authority or its designated administrator, by the designated beneficiary or the parent or guardian of the designated beneficiary that: (i)(1) the person is an individual with a disability; and (2) includes a copy of the designated beneficiary’s diagnosis that such person is an individual with a disability, signed by a physician; (ii) is receiving or, for purposes of Title XIX of the Social Security Act, is deemed to be, or treated as, receiving from the office of Medicaid, benefits under the supplemental security income program under title XVI of such Act, or whose benefits under such program are suspended other than by reason of misconduct; or (iii) is receiving disability benefits under title II of such Act.

“Individual with a disability”, an individual with a disability for a year if the individual, regardless of age, has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, or is blind.

“Physician”, a medical or osteopathic doctor licensed to practice medicine in the commonwealth.

“Qualified disability expenses”, expenses made for the benefit of an individual with a disability, or for the benefit of a special needs trust established for the benefit of such an individual.

(b) There shall be within the authority, the achieving a better life experience program for the purposes of administering ABLE accounts established to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities. Under the program, a person may make contributions to an ABLE account for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.

(c) For the purposes of this section and subclause (17) of section 3 of chapter 62, the following expenses shall be qualified disability expenses if such expenses are made for the benefit of an individual with a disability who is a designated beneficiary and are related to such disability:

(1) expenses for education, including tuition for pre-school through post-secondary education, which shall include higher education expenses as defined by 26 U.S.C. §529, subsection (e)(3)(A) and expenses for books, supplies, and educational materials related to preschool and secondary education, tutors, and special education services;

(2) expenses for a primary residence, including rent, purchase of a primary residence or an interest in a primary residence, mortgage payments, real property taxes, and utility charges;

(3) expenses for transportation, including the use of mass transit, the purchase or modification of vehicles, and moving expenses;

(6) expenses for financial management and administrative services; legal fees; expenses for oversight; monitoring; home improvements, and modifications, maintenance and repairs, at primary residence; or funeral and burial expenses; and

(7) expenses for assistive technology and personal support with respect to any item described in this section.

(d) A person may make contributions to an ABLE account established pursuant to regulations promulgated by the authority for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account, and which meets the other requirements of this section.

(e) An ABLE account shall be a qualified disabilities expense account if: (1) it provides that purchases or contributions may only be made in cash; (2) provides separate accounting for each designated beneficiary; (3) provides that any contributor to, or designated beneficiary under, such program may not directly or indirectly direct the investment of any contributions to the program or any earnings thereon; and (4) provides adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified disability expenses of the beneficiary.

(f) An individual shall be treated by the authority or its designated administrator as an individual with a disability if the person files a disability verification with the authority or such designated administrator.

(g) The authority shall file an annual report with the department of developmental services, the joint committee on children, families and persons with disabilities, and the house and senate committees on ways and means on the usage of ABLE accounts under section 5 of chapter 62. The report shall include, but not be limited to: (1) the number of people with an ABLE account; (2) the total amount of contributions to such accounts; (3) the total amount and nature of distributions from such accounts; and (4) issues relating to the abuse of such accounts.

(h) The authority may promulgate regulations and enter into agreements to implement the provisions of this chapter.

SECTION 3. Section 1 of chapter 19B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “disability”, in line 8, the following words:- or persons with a developmental disability.

SECTION 4. Said section 1 of said chapter 19B, as so appearing, is hereby further amended by striking out, in line 23, the words “mental retardation services” and inserting in place thereof the following words:- services for persons with an intellectual disability.

SECTION 5. Said section 1 of said chapter 19B, as so appearing, is hereby further amended by striking out, in lines 27 and 28, the words “intellectual disabilities services” and inserting in place thereof the following words:- services for persons with an intellectual disability or a developmental disability.

SECTION 6. Section 2 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- developmental services.

SECTION 7. Said section 2 of said chapter 19B, as so appearing, is hereby further amended by striking out, in line 18, the words “mental retardation”.

SECTION 8. Said section 2 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 31, the words “mental retardation” and inserting in place thereof the following words:- persons with intellectual disabilities and services served for people with developmental disabilities.

SECTION 9. Section 12 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 4, the words “mental retardation programs” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION 10. Chapter 19B of the General Laws is hereby amended by inserting after section 12 the following section:-

Section 12A. The department, subject to appropriation, shall establish a comprehensive program of community developmental disability services, and shall establish standards for the development of programs at appropriate geographic areas to ensure access to needed services. The commissioner shall ensure citizen, consumer and family participation in the oversight of community developmental disability services at all such levels, including the local level.

SECTION 11. Section 13 of chapter 19B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the words, “disability services”, in line 3, the following words:- and community developmental disability services.

SECTION 12. Said section 13 of said chapter 19B, as so appearing, is hereby further amended by inserting after the word “disability”, in line 9, the following words:- and developmental disability services.

SECTION 13. Said section 13 of said chapter 19B, as so appearing, is hereby further amended by inserting after the word “services”, in line 13, the following words:- and developmental disability services.

SECTION 14. Chapter 19B of the General Laws is hereby amended by the inserting after section 15 the following section:-

Section 15A. (a) The department shall issue for a term of 2 years to any program which offers to the public residential or day care services and is represented as providing treatment of persons with a developmental disability, and which is deemed by it to be responsible and suitable to meet applicable licensure standards and requirements, except that: (1) the department may license those programs providing care but not treatment of persons with an intellectual disability; and (2) licensing by the department is not required where such residential or day care treatment is provided within an institution or facility licensed by the department of public health under the provisions of chapter one hundred and eleven. Whether or not a license is issued under clause (1), the department shall make regulations for the operation of such programs. The department may grant the type of license which it deems suitable for the program. The department shall fix reasonable fees for licenses and renewal thereof.

(b) Each program licensed under the provisions of this section shall maintain and make available to the department such statistical and diagnostic data as may be required by the department.

(c) Each such program licensed by the department shall be subject to the supervision, visitation and inspection of the department, and the department may make regulations for the proper operation of such programs.

(d) The department may refuse to grant, suspend, revoke, limit or restrict the applicability of or refuse to renew a license granted under this section, subject to the procedural requirements of section thirteen of chapter thirty A for any violation of its regulations or standards concerning such program. The department may temporarily suspend a license prior to a hearing in cases of emergency if it deems that such suspension would be in the public interest; provided, however, that upon request of an aggrieved party, a hearing pursuant to section thirteen of chapter thirty A, shall be held after the license is suspended. Any party aggrieved by a decision of the department under this section may appeal in accordance with the provisions of section fourteen of chapter thirty A.

(e) No program for which a license is required under paragraph (a), shall provide residential or day care services for the treatment or care of persons with a developmental disability unless it has obtained a license under the provisions of this section. The superior court sitting in equity shall have jurisdiction, upon petition of the department, to restrain any violation of the provisions of this section or to take such other action as equity and justice may require. Whoever violates the provisions of this section shall be punished for the first offense by a fine of not more than one thousand dollars or by imprisonment for not more than two years.

(f) Each person served by such a program, shall be granted protection from commercial and private exploitation of any kind. No person shall be video taped, audio taped, photographed, interviewed or exposed to the public without either the person’s express written consent, or that of the person’s legal guardian. Whoever violates the provision of this paragraph shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than two and one-half years in a house of correction or by imprisonment for not more than five years in the state prison.

(g) Notwithstanding the provisions of paragraphs (a) to (f), inclusive, any child care center, family child care home, family child care system, family foster care or group care facility as defined in section 1A of chapter 15D, shall not be subject to the provisions of this section.

SECTION 15. Section 17 of chapter 19B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability or a developmental disability.

SECTION 16. Said section 17 of said chapter 19B, as so appearing, is hereby further amended by striking out, in line 11, the words “mentally regarded person” and inserting in place thereof the following words:- persons with an intellectual disability or a developmental disability.

SECTION 17. Section 18 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 10, the words “mentally ill and persons with an intellectual disability” and inserting in place thereof the following words:- persons with mental illness and intellectual or developmental disabilities.

SECTION 18. Said section 18 of said chapter 19B, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “mentally ill and mentally retarded individuals” and inserting in place thereof the following words:- persons with mental illness and intellectual or developmental disabilities.

SECTION 19. Said section 18 of said chapter 19B, as so appearing, is hereby further amended by striking out, in line 17, the words “disability and mentally ill” and inserting in place thereof the following words:- or developmental disability and a mental illness.

SECTION 20. Said section 18 of said chapter 19B, as so appearing, is hereby further amended by inserting after the word “disability”, in line 30, the following words:- or a developmental disability.

SECTION 21. Clause (a) of subsection B of section 3 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting, after subclause (16) the following subclause:-

(17) Distributions from a fund established pursuant to the ABLE program under section 29 of chapter 15C, to the extent otherwise included in income, when such distributions are used to pay qualified disability expenses.

SECTION 22. Section 38G of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the word “disabilities”, in line 266, the following words:- , including children with autism.

SECTION 23. Section 38G ½ of said chapter 71, as so appearing, is hereby amended by inserting before the definition of “board”, the following definition:-

“Autism or Autism Spectrum Disorders” shall have the same meaning as the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.

SECTION 24. Said section 38G ½ of said chapter 71, as so appearing, is hereby further amended by inserting the following paragraph:-

The board shall provide an endorsement in autism which shall include both coursework and field experience for licensed special education teachers to acquire the competencies necessary to conduct assessments, develop appropriate individualized education programs, provide specially designed instruction and related services, and consult and collaborate with other educators, including general education teachers, in order to meet the unique and complex educational needs of students with autism in the least restrictive environment. Competencies shall also include, but not be limited to, the impact of autism on verbal and nonverbal communication, social interaction, sensory experiences, behaviors, literacy and academic achievement. The requirements for the endorsement in autism, as promulgated by the board, can also be used to satisfy course requirements necessary to obtain a professional license. The board shall promulgate regulations specifying the subject matter knowledge, skills, and competencies required for such endorsement, including requirements to incorporate renewal of the endorsement as part of the individual professional development plan required pursuant to section 38G. Said regulations shall also specify components necessary for preparation programs offering an endorsement in autism, which shall be included in the department’s process for approving preparation programs.

SECTION 25. Section 1 of chapter 123B of the General Laws, as so appearing, is hereby amended by inserting after the definition of “independent funds” the following definition:-

“Person with a developmental disability”, a person with a severe, chronic disability of an individual 5 years of age or older that: (i) is attributable to a mental or physical impairment’s resulting from intellectual disability, autism or Prader-Willi Syndrome; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in 3 or more of the following areas of major life activity; (1) self-care; (2) receptive and expressive language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and (7) economic self-sufficiency; (v) Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term, when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided. A person who has a developmental disability may be considered to be mentally ill; provided, however, that no person with a developmental disability shall be considered to be mentally ill solely by reason of the person’s developmental disability.

SECTION 26. Section 2 of said chapter 123B, as so appearing, is hereby amended by adding the following paragraph:-

The department shall, in accordance with section 2 of chapter 30A and subject to appropriation, adopt regulations consistent with this chapter which establish procedures and the highest practicable professional standards for community services for persons with developmental disabilities.

SECTION 27. The department of developmental services shall file an annual report reviewing its progress in the implementation of this act on or before the first business day of February starting with February 3, 2015. The report shall include, but not be limited to: (1) the number of new clients with autism or Prader Willi Syndrome; (2) the number of individuals, if any, on a waitlist for the services provided for in this act and the reasons for and the expected duration of the waitlist; (3) the number of additional staff hired to assess and evaluate the new clients and services; (4) the number of staff hired to deliver, manage and administer the new services; (5) challenges encountered and met in serving these new clients; (6) challenges that continue and those that are foreseen in the near future; (7) additional costs incurred in serving these new clients; and (8) savings if any realized.

SECTION 28. There is hereby established a special commission to make an investigation and study of employment training and employment opportunities for persons with autism spectrum disorder (ASD), and to make recommendations in regard thereto. The commission shall determine the current status of such employment training and employment opportunities including, but not limited to, vocational training programs for teen-aged and young adult persons with ASD and shall make recommendations for providing appropriate employment training and employment opportunities for the population of residents in the commonwealth diagnosed with ASD. Additionally, the commission shall review the rise in the prevalence of ASD diagnoses among children in the past 30 years and shall make estimates of the number of children, aged 21 or younger, with ASD who will become adults in the coming decades and the resulting need for employment training for those ASD children and employment opportunities for those ASD adults, and shall recommend a plan-of-action for the commonwealth in regard thereto. The special commission shall consist of 15 members, including 2 members of the senate, 1 of whom shall be appointed by the minority leader, 2 members of the house of representatives, l of whom shall be appointed by the minority leader, the secretary of labor and workforce development or ar designee, the secretary of education or a designee, the director of the commonwealth corporation or a designee, the commissioner of the Massachusetts rehabilitation commission or a designee, the commissioner of elementary and secondary education or a designee, and 6 persons whom shall be appointed by the governor, 3 of whom shall be representatives of private organizations, 2 of whom shall be representatives of advocates for autism of Massachusetts, and 1 of whom shall be representative of the Asperger’s Association of New England. The commission shall report to the General Court the results of its investigation and study and its recommendations, if any, by filing the same with the clerks of the senate and house of representatives, and the Massachusetts commission on autism as established by section 217 of chapter 6 of the General Laws on or before June 30, 2015.

SECTION 29. There is hereby established a special commission to make an investigation and study of the present, and anticipated future, statewide affordable supportive housing needs for the commonwealth's population of persons with autism spectrum disorder (ASD). The commission shall develop and conduct a statewide housing survey to determine the current status of affordable supportive housing stock for adults with ASD, and shall make recommendations in regard thereto. Additionally, the commission shall review the rise in the prevalence of ASD diagnoses among children in the past 30 years and shall make estimates of the number of children, aged 21 or younger with ASD who will become adults in the coming decades and the resulting need for affordable supportive housing for those ASD adults, and shall recommend a plan-of-action for the commonwealth in regard thereto. The special commission shall consist of 15 members, including 2 members of the senate, 1 of whom shall be appointed by the minority leader, 2 members of the house of representatives, l of whom shall be appointed by the minority leader, the secretary of housing and economic development or a designee, the director of housing and community development or a designee, the commissioner of developmental services or a designee, the director of Massachusetts housing finance agency or a designee, the director of the Massachusetts development finance agency or a designee; and 6 persons to be appointed by the governor, 2 of whom shall be representatives of statewide autism organizations, 2 of whom shall be a representative of the Asperger’s Association of New England and 2 of whom shall be named by Advocates for Autism of Massachusetts. The commission shall report to the General Court the results of its investigation and study and its recommendations by filing the same with the clerks of the senate and house of representatives, and the Massachusetts commission on autism, as established by section 217 of chapter 6 of the General Laws on or before June 30, 2015.

SECTION 30. The Massachusetts education finance authority shall promulgate regulations pursuant to section 29 of chapter 15C of the General Laws on or before December 31, 2014.

SECTION 31. This act shall apply to taxable years beginning after the date of the enactment of this act.

SECTION 32. For 1 year after the board has promulgated regulations as required under section 24, teachers who have previously been employed serving primarily students with autism shall be eligible to receive an autism endorsement, provided that they demonstrate the knowledge, skills, and competencies necessary to receive such endorsement, subject to regulations promulgated by the board of elementary and secondary education.

SECTION 33. The board of elementary and secondary education shall promulgate the regulations required pursuant to section 24 on or before September 1, 2014.

Voting Summary

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Unsupported Bill Output Format

The document text is in an unsupported format to view in a browser.

Please use the "Download PDF" link if you wish to View/Print this document.